Tribunal for Crime of Aggression Against Ukraine: Legal Framework and International Jurisdiction
Explore the necessity and challenges of establishing a tribunal for the crime of aggression against Ukraine, focusing on legal responsibilities, models of tribunals, and issues of jurisdiction. Dr. Gabija Grigait Daugird provides insights on why and how such a tribunal should be formed, considering the implications for international criminal law and justice.
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Presentation Transcript
SPECIAL TRIBUNAL FOR THE CRIME OF AGGRESSION AGAINST UKRAINE: WHY, HOW, WHEN? Dr. Gabija Grigait Dr. Gabija Grigait Daugird Deputy minister of Justice, Lecturer at the Law faculty of Vilnius University Daugird 23 23rd rdCongress of the International Society for Military Law Congress of the International Society for Military Law and the Law of War and the Law of War VILNIUS VILNIUS
WHY? The The law prohibition on the use of force in the UN Charter law demands demands responsibility responsibility: from the right to wage war to the comprehensive From From state aggression in international criminal law: Nuremberg and Tokyo tribunals state responsibility responsibility to to i individual ndividual criminal criminal responsibility responsibility for the crime of Conditions Conditions for framework and commitment to punish all violations (selectivity in enforcement?) for effectiveness effectiveness of of international international criminal criminal law law: clear norm, institutional Impunity Impunity gap amendments of the Rome Statute?) gap: limits in ICC s jurisdiction over the crime of aggression (possible The The need need and Charter (imperial character, scale and gravity) being condemned by UN GA and other organisations and importance importance of of a a strong strong precedent precedent: manifest violation of the UN
HOW? Different objectives objectives different mod models els Different models models different legitimacy legitimacy Applicability of personal immunities immunities the the issue issue surrounding surrounding all all the the models models International International tribunal hybrid): issues of legality and legitimacy tribunal versus Ukrainian Ukrainian court court with with international international support support (so called Regional Regional as ( (cross-regional support): possible role as international international (endorsement of UN GA?) or international role of of Council Council of of Europe international as Europe as as a a way as regional regional forward way forward Treaty Treaty between between states states (Joint investigation team (Eurojust) countries and UA) Transfer Transfer of of jurisdiction MH17 precedent) jurisdiction model model (European External Action Service proposal based on Nuremberg is an example how history and truth can be manipulated through the legal legal process process if if the the legal legal process process is is not not d done one in in the the the right right way way.
WHEN? Decision Decision on James Declaration in London. In 1946 September 30 tribunal was established. on the the establishment establishment of of the the Nuremberg Nuremberg tribunal tribunal 1942 January 13 St More than 2 years of the full-scale aggression against Ukraine, more than 10 years from the annexation of Crimea too too late late or or too too early? early? First First p procedural rocedural steps Prosecution of the Crime of Aggression Against Ukraine (ICPA) steps - - interim interim office office of of prosecution prosecution - - International Centre for the (ICPA): : its its role role and and mandate mandate Other procedural procedural steps steps needed needed for for the the establishment establishment and and cross cross- -regional regional support support UA UA victory victory as as a a prerequisite prerequisite for the establishment of the Special Tribunal? " "We We have political political will have the will Kofi the means means and Kofi Annan and the Annan the capacity capacity to to deal deal with with our our problems, problems, if if only only we we can can find find the the
Thank You! Follow me on Linkedin for Follow me on Linkedin for updates: updates: Gabija Grigaite-Daugirde, PhD Or X: Or X: @GGDaugirde
